Within ten days of the hearing on the abatement of a public nuisance, the Hearing Officer shall consider all relevant evidence and shall issue a written decision. The written decision shall state that the Hearing Officer finds a public nuisance to exist or not to exist, in whole or in part, as alleged by the city.
(A) If the Hearing Officer finds a public nuisance does not exist, the city shall have the right to appeal the decision to the Indio Consolidated Appeals Board pursuant to § 95A.120. Such finding by the Hearing Officer shall not preclude the city from seeking any other remedy, or taking any other lawful action, as provided for in this code or under the laws of the State of California.
(B) If the Hearing Officer finds a public nuisance to exist, they shall state in a written decision whether the property, in whole or in part, or any building or structure thereon, constitutes a public nuisance.
(C) If the Hearing Officer finds a public nuisance to exist and finds there is sufficient cause to abate the nuisance, the Hearing Officer shall make a written order within five days of the hearing entitled "Order to Abate".
(1) Said order shall set forth those findings, and order the owner to abate the nuisance.
(2) The order shall provide notice to the owner that the administrative and incidental costs and expensive incurred in abating the nuisance shall be assessed against the property and results in a recorded lien or special assessment until paid.
(3) As applicable to the particular found to exist, the order shall specifically direct the owner to abate the nuisance by rehabilitation, repair, or demolition in a lawful manner. The order may set forth a particular manner in which the nuisance must be abated.
(4) The order shall state if the nuisance is not abated, it will be removed and abated by the city. The order shall state that the additional cost and expenses of removal and abatement by the city, including any additional cost and expenses, together with the prime interest rate plus 1% of the entire amount owing, will be assessed and result in a lien or special assessment upon the property until paid.
(5) The order shall set forth time within which the work shall be commenced and completed. This time period shall not be longer than 30 calendar days unless otherwise specified in the order upon finding that the nuisance presents unusual circumstances which cannot be timely abated within a 30-day time period.
(Ord. 1529, passed 3-5-08; Am. Ord. 1589, passed 3-16-11; Am. Ord. 1611, passed 4-18-12)